ALLEGED MURDER

Ashburton Guardian, Volume 59, Issue 18, 1 November 1938, Page 3

ALLEGED MURDER

DEATH OF NAPIER WOMAN. CASE FOR THE CROWN HEARD. (Per Press Association.) NAPIER, October 31. The hearing of a charge of mimics against Colin Herbert Hercock, aged 21, a grocer’s assistant, of Waipawa, began in the Supreme Court to - day. Hercock is charged with the murder of Mrs Isobel Annie Aves on Sunday, October 2. He is also charged with, attempted murder. '['he Chief Justice (the Rt. Hon. Sir Michael Myers) is presiding. The accused is represented by- Mr 0. H. Weston, K.C., of Wellington, assisted by Mr C. G. E. Harker. Mr H. B. Lusk conducted the prosecution. Hercock’s call at the Napier Police Station at 12.3 on the morning of Monday, October 3, was described by SeniorSergeant W. Pender. In answer to a question from Mr Harker, the seniorsergeant said that when Hercock came into the station he seemed either mentally affected or semi-intoxicated. Later he found no signs of intoxication about the accused. “He did not appear to know what lie had come to the station for, judging by his appearance and the way he was talking,” Senior-Sergeant Pender said.

The senior-sergeant said he saw Hercock the following day, and he appeared much brighter, and his condition continued to improve during the day.

Police evidence on the finding of a rifle, cartridge cases, and a bullet along the lines of that given in the lower Court was given. . G. J. Kelly, arms advisory officer, Wellington, said tho bullet had been fired from the rifle produced in the Court.

A brother of accused, T. J. Hercock, gave evidence of his brother coming home on the Sunday night while he was in bed, and asking for liis bullets. Hercock said his brother had fossicked round behind the dressing table, ’but he had not seen him get anything. Mother’s Evidence. Accused’s mother, MrsYßeatrice Margaret Hercock, said she had always thought her son’s name to he Colin Walter. Recently she had got his birth certificate and found his name to be Colin Herbert. On the night Mrs Aves was shot her son had been very white, and he appeared hollow round the eyes. He did not seem to want any tea. that night. She said in reply to a question from Mr Weston that lie was very quiet, and appeared to be worried. Mrs Hercock said that her family had always liked Miss Stafford.

“On the night of October 2 I was at Mrs Aves’ house at Westshore,” Robert Buddiconib, a waterside worker, of Westshore, said in his evidence. He had gone to Mrs Eves’ house on the Saturday and had remained there overnight, he said. Someone came to the house during Sunday night. At the time he was standing in her bedroom Mrs Eves went to the front door. He then beard a sharp sound, a scream from Mrs Aves, and then she said: “I’m shot.” He stepped out of the bedroom and she caught hold of him. He saw a figure at the bottom of the steps. Ho saw a. man go out of the gate, run along and get into a car. The opening of the door, the noise, and the scream all followed, very closely on one another. Similar evidence was given by Ada Scott, a married woman, who said she had known Mrs Aves very well. 'Scott said she was sleeping on the front porch. She heard a scream, but did not see who fired the shot.

Joan Josephine Persy said she had been living with Mrs Aves for some time. At the time of the shooting she was in bed. She heard a scream, and rushed into the sitting-room to see Mrs Aves come in, holding her side.

A “son of Mrs Aves, George O. Crnike, said that lie was at Westshoro on the night of the shooting, and was wakened by screams. He rushed into the sitting-room, and found his mother there in a state of collapse. Direction of Wounds. Dr. James A. Berry gave evidence of attending Mrs Aves after the shooting. He also described the injuries. Dr. Berry said that from the direction of the wounds, the rifle had apparently not been put to tbe shoulder, but bad been fired from a lower level. There had been an astonishing amount of injury inside the abdomen for such a small bullet.

Questioned as to the sanity of persons under certain conditions, the doctor said that from his experience he had found it possible for a man not to lie able to form a coherent opinion at midnight, and yet be quite normal at 6 or 10 o’clock the following morning.

That ended the case for the Crown, and the Court was adjourned until 10 o’clock to-morrow morning. Mr Weston asked for permission to open liis case in the morning, but did not give any idea what witnesses lie would call. His Honor said he would not press counsel to announce what action he intended taking.